Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney holder being an authorized representative of company, can file a complaint and give evidence but he must have either witnessed transaction or must possess direct knowledge of transaction...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - Prosecution from testimonies of PW18 and PW20 has been able to prove that deceased was last seen alive in the company of appellant and co-accused on the evening of day before death of deceased - Accused persons took deceased along with them on the pretext of fetching cable..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was getting Rs.6,000 as monthly salary from stone crusher company - He was also working in his farm and earning therefrom is not controverted - Even if direct evidence regarding exact amount of income had not come on record, deceased could be presumed to have..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband has sufficient means to maintain his wife and children - He has deliberately not filed relevant documents before trial Court as well as before High Court regarding total income, total assets, loss and profit as well as balance-sheets of company where he, his father and mother are..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping and murder - PW5 and PW6 have not uttered a single word so as to prove kidnapping as alleged or even that deceased was with them at any point of time in the evening of date of incident - Both PW5 and PW6 have turned hostile - No evidence to either prove kidnapping of deceased or that he was last seen in company..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Death of mother and her new born child after delivery - Medical evidence on record and opinion expressed by doctors and experts who consulted medical Boards/Committees, clearly tilted the balance in favour of doctor, as none of them found any medical negligence on her part - Moreover, these medical bodies..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Evidence, facts and circumstances of case shows that factum of involvement of offending vehicle as claimed and asserted by claimants was not proved - Claimants failed to discharge their obligation on this count which was to be the primary step - Even, claimant had failed to prove involvement of Tata Magic..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - There is no embargo on filing a complaint u/s 138 of N.I. Act against a sick company - Even if there is a restraint order u/s 22-A of SICA, nature of restraint order and facts of case would have..........
Indian Penal Code, 1860, Section 363, 376(2)(f), 377, Evidence Act, 1872, Section 106 -- Kidnapping and Rape - Last seen evidence - Prosecutrix, aged 3 years, recovered from railway station `M' nearly 4 days after last seen with accused - However, prosecution neither examined any witness who had seen prosecutrix in company of accused at station `M' nor provided explanation..........
